M.P.E.P. 1100 Statutory Invention Registration (SIR) [Pre-AIA] and the Pre-Grant Publication Process and Document Flashcards

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1
Q

Statutory Invention Registration (SIR)

A

AIA done away with.

Questioned on Pre-AIA, when you don’t have the budget to file the rest.

Hybrid: Government Agent can file an application
-gets 102(e) from filing after publishing

Does not bestow rights, a shield from interference.

Protects create from lawsuit, and could be sword on prior art.

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2
Q

The Pre-Grant Publication “PG PUB” Process and Document

A

Applies to Applications filed on or after 11/29/00,

Unexamined, gets published.

Applies to:

  1. CON/DIV/CIP
  2. National Stage/International Applications
  3. New applications

**Not Design

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3
Q

What applications with not publish under Pre-Grant Publication Process?

A
  1. No longer pending applications
  2. Applications under Secrecy Order
  3. Provisional Applications
  4. Design Applications
    AND
  5. Applications including requests not to publish
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4
Q

Opting Out (Request to Not Publish)

A

Only if the invention has not be and will not be subject of an application filed in another county (under WIPO/NAFTA) that requires 18 Month Publication.
- No present intent to file outside US

Must be:
1. made upon filing
2. Signed certification
AND
3. Conspicuous
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5
Q

Conspicuous Defined

A

Standing out as to be clearly visable

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6
Q

What if you have changed your mind?

A

You have 45 days to:

  1. Tell where you filed internationally
  2. You rescind your request.
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7
Q

Can you change your publication?

A

Yes by using EFS.

**Needs to be in withint 16 months of filing date.

**You must turn in a redacted version.

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8
Q

What gets published?

A

Everything filed.

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9
Q

Publication As Prior Art??

A

Needs to double check because they have not been examined.

**Be aware when you get rejected by this.

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10
Q

Access to Application After Publication

A

Not direct physical access.

USPTO provides (for $200 for <= 400 pages, $25):
1. Copy of file wrapper
AND
2. Contents of published application
OR
3. Specific papers.
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